HomeMy WebLinkAboutFile Documents.320 N 7th St.0019-2023-BCHO (8) SIDEWALK,CURB AND GUTTER IMPROVEMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND Sunni McBride
(hereinafter 'Owner").
WHEREAS Owner(s)is(are)the owner(s)of the real property located at(street address and
legal description of property)320 N SEVENTH ST UNIT 2, Subdivision: FRANCIS STREET Unit:2
Aspen, Colorado, and
WHEREAS,Owner has recently completed new construction and desires to obtain a certificate of
occupancy;and
WHEREAS,Owner's property is within a zone district or other area as designated on the City of
Aspen adopted sidewalk, curb and gutter plan requiring construction of curb, gutter and sidewalk prior to
issuance of a certificate of occupancy or in lieu thereof,an agreement for future construction pursuant to
Section 21.16.050 of the Municipal Code;and
WHEREAS,the City Engineer does not recommend the construction of curb,gutter and sidewalk
on public right-of-way adjacent to Owner's property at this time due to existing improvements or
conditions.
•• - • NOW,THEREFORE,the parties agree as follows:
• .9.Owner agrees to construct curb,gutter and sidewalk meeting City specifications,along the
• 'frontage of owner's property(approximately47.25feet),together with any associated asphalt work, at
such time as the City of Aspen deems construction necessary and feasible. It is acknowledged by all
parties that the present requirement is for two(2)foot gutter,six(6)inch vertical curb,and five(5)foot
wide concrete sidewalk with five foot snow storage between sidewalk and curb,or as otherwise specified
in the City of Aspen Sidewalk,Curb and Gutter Specifications in effect at the time of construction. As
provided for in Section 21.16.,Owner agrees to pave driveway from curb to property line.
2. In the alternative,at the City's option,the City may construct the above improvements and
owner shall reimburse the City for ail costs of such construction. Reimbursement shall be made to the
City within ninety(90)days after receipt of invoice. In the event of failure to pay,the cost shall be placed
as a lien against the property to run with the land.
RECEIVEL
06/16/2023
ASPEN
BUILDING DEPARTMENT
3. In the event that the City determines that sidewalk shall be constructed on one side of the
street only,and if that side is the Owner's side of the street, Owner agrees to construct the sidewalk with
reimbursement of half the cost at a later date if the property across the street from the Owner is
developed. If the City determines that the sidewalk shall be constructed across the street from the
Owner, Owner shall participate in the cost of the sidewalk in the amount of half the cost.
4.This agreement shall insure to the benefit of the heirs,assigns,and successors in title of the
parties hereto.
Entered into this, rI day of J u- , .Z D 2-3
By:
State of Colorado
County of Pitkin
The foregoing instrument was acknowledged before me this// day of Xi,— ,AIZY
by Tie 4,,,
...Witness y hand and official eal. My commission expires: ] 4 .
Notary Public
Address: #:167 385E ASENCION C IN
NOTARY PUBLIC-STATE OF COLORADO
4/ / � /
MY COMNOTARY ID M S5 ON EXPIRES SEP 815, 2025 p
CITY OF ASPEN,COLORADO,A Municipal Corporation
Approved as to form:
KM96.43
RECEIVED
06/16/2023
ASPEN
BUILDING DEPARTMENT